Schindler Lifts Australia Pty Ltd Summary

[2024] FWCA 4470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Schindler Lifts Australia Pty Ltd

(AG2024/4677)

SCHINDLER LIFTS AUSTRALIA PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 13 DECEMBER 2024

Application for approval of the Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Schindler Lifts Australia Pty Ltd Queensland Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Schindler Lifts Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement lodged contained a cross-referencing error at clause 32. The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 5 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Schindler Lifts Australia Pty Ltd applied to the Fair Work Commission for approval of the Queensland Enterprise Agreement 2024 – 2027. The dispute centred around the fairness of the proposed agreement, specifically regarding its terms and conditions for employees. The Fair Work Commission was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009. The legal issues the court had to resolve involved assessing whether the agreement met the formal requirements for approval, whether it was genuinely a product of genuine bargaining, and whether the terms of the agreement were fair and reasonable.

The Commission considered whether the agreement complied with the formal requirements set out in the Fair Work Act, including whether it was in writing and had been properly certified. The Commission also examined whether the agreement was genuinely the product of genuine bargaining, considering the context and circumstances surrounding its negotiation. Furthermore, the Commission assessed the fairness and reasonableness of the agreement's terms, including provisions on wages, hours of work, leave, and other employment conditions. The Commission found that the agreement met all formal requirements, was genuinely the product of genuine bargaining, and contained terms that were fair and reasonable.

Consequently, the Commission approved the Queensland Enterprise Agreement 2024 – 2027, allowing it to come into effect on the specified date. This decision confirmed the agreement as a legally binding contract between Schindler Lifts Australia Pty Ltd and its employees, providing a framework for their employment terms over the next three years.

Schindler Lifts Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established